Memorandum for the Registered Person

Part 7 Veterinary Practice Act 2005 and VPA (Amendment) Act 2012 (“the Acts”)

Fitness to Practise

Any person may apply to the Registrar for an inquiry into the fitness to practise veterinary medicine / nursing of a registered person on one or more of the following grounds:-

a) professional misconduct,

b) unfitness to engage in the practice of veterinary medicine / nursing by reason of physical or mental disability,

c) that the registration of the registered person is erroneous due to a false or fraudulent declaration or misrepresentation, or

d) the registered person has failed to comply with any provision of the Veterinary Practice Act 2005.

If an application for an Inquiry is made against a registered person, he/she should take legal advice.

Preliminary Investigation Committee

On receipt of an inquiry application, the PIC will seek observations from the registered person before proceeding to consider the application. In effect, the PIC is asking the registered person for a response to the application for an Inquiry.

The registered person must therefore decide:

if he/she wishes to make observations at all;
if so, what observations he/she wishes to submit;
whether to submit observations, if any, with or without legal advice.

The PIC shall make a decision within four months of an application being referred to it whether an Inquiry should proceed in whole or in part.

In order to ensure that the PIC comply with the four month statutory time restrictions contained within the Veterinary Practice Act 2005, the registered person will be required to submit any observations within 21 days of the date of receipt the letter requesting same.

The PIC reserves the right to seek further observations from the applicant in relation to any observations it may receive from the registered person.

When the PIC has reached a decision, it will notify the Council setting out the reasons for that decision.

Once the decision has been made by the PIC, the PIC will inform the Council in writing of its decision, to include reasons. Where the PIC has made a decision that the inquiry should proceed in whole or in part, the Council cannot overturn that decision.

Where the PIC has decided that an inquiry should not proceed, the Council may overturn that decision within a further four month period and direct that an inquiry should proceed.

Council

If, within four months, the PPC has failed to make any decision regarding the application, it will be taken to have referred the matter without a decision, to the Council. The Council will then have four months from the date on which the application is referred to it to decide whether an Inquiry should proceed in whole or in part.

Decision by PIC not to proceed which Council does not overturn

The PIC may decide that all or part of the inquiry should not proceed because:

it does not satisfy certain requirements in that the application is not in writing, signed by the person applying for the Inquiry or accompanied by the relevant information and documentation;

it is frivolous, vexatious or made in bad faith;

it does not refer to any of the grounds set out in the Act;

there is insufficient evidence to warrant an inquiry.

If there is a decision not to proceed by the PIC which is not overturned by the Council, the PIC notifies the Registrar of that decision and, within 21 days of this notification, the Registrar notifies the person applying for the inquiry of the decision and states the reasons for the decision and the date on which it was made.

An applicant has three months from the date of notification to him / her of a decision not to proceed.

The Circuit Court may make the following orders:

Affirm the decision not to proceed.

Set aside the decision not to proceed.

Remit the application to the PIC/Council with or without directions for reconsideration and the making of a new decision.

Any other order that it considers appropriate.

Decision by PIC not to proceed which Council overturns

The PIC may decide that all or part of the inquiry should not proceed because:

it does not satisfy certain requirements in that the application is not in writing, signed by the person applying for the Inquiry or accompanied by the relevant information and documentation;

it is frivolous, vexatious or made in bad faith;

it does not refer to any of the grounds set out in the Act;

there is insufficient evidence to warrant an inquiry.

The Council may, within 4 months of a decision by the PIC not to proceed, overturn that decision.

If there is a decision not to proceed by the PIC which is overturned by the Council, the Registrar will, within 21 days of that decision, inform the applicant, the registered person and his/her employer if he/she is employed. At this point, the registered person will be furnished with a copy of the application, and any documentation and information accompanying the application.

Decision by Council not to proceed

If the PIC fails to make a decision to proceed / not to proceed within 4 months of the application being directed to it, the Council may decide that all or part of the inquiry should proceed / not proceed.

If there is a decision not to proceed by the Council, the Council notifies the PIC of that decision as soon as may be. The PIC shall notify the Registrar of that decision and, within 21 days of this notification, the Registrar notifies the person applying for the inquiry of the decision and states the reasons for the decision and the date on which it was made.

An applicant has three months from the date of notification to him / her of a decision not to proceed.

The Circuit Court may make the following orders:

Affirm the decision not to proceed.

Set aside the decision not to proceed.

Remit the application to the PIC/Council with or without directions for reconsideration and the making of a new decision.

Any other order that it considers appropriate.

Decision by PIC to proceed

Alternatively the PIC may decide that the inquiry shall proceed in whole or in part. The Council may not overturn a decision to proceed.

If the decision is that an inquiry shall proceed, the Registrar will, within 21 days of that decision, inform the applicant, the registered person and his/her employer if he/she is employed. At this point, the registered person will be furnished with a copy of the application, and any documentation and information accompanying the application.

Decision by Council to proceed

If there is a decision to proceed by the Council, the Registrar will, within 21 days of that decision, inform the applicant, the registered person and his/her employer if he/she is employed. At this point, the registered person will be furnished with a copy of the application, and any documentation and information accompanying the application.

Fitness to Practise Inquiry

A Notice of Inquiry will be sent to the registered person and his/her legal representatives setting out the allegations, the identity of witnesses to be called and the nature of their evidence.

At the Fitness to Practise hearing evidence is heard by five FTPC members. Evidence is presented to the FTPC by or on behalf of the Registrar. The registered person or his/her legal representative may also present evidence and call witnesses to include expert witnesses.

For the purpose of the inquiry, the FTPC may examine any person relevant to the inquiry on oath, by word of mouth or by written interrogatory. The FTPC may administer oaths and record in writing answers to questions under cross-examination. The FTPC may enforce the attendance of witnesses and the production of documents by way of summons.

Any person who having been summoned, fails to attend or refuses to co-operate with the inquiry by not answering questions or by not producing documents within their control, may be held in contempt and may be subject to a fine not exceeding €3000 on summary conviction.

A witness before the FPC is entitled to the same privileges as a witness before a court. In addition to the privilege that is afforded to witnesses, section 85 of the Act, protects the content of the following by absolute privilege:

proceedings of or communications to or by the Council in relation to any sanction imposed by the Council or restoration of a person’s name to the register,

proceedings of or communications by the PIC or FPC during the investigation of a complaint or during an FPC inquiry, reports of the PIC or FPC to the Council, or any reports made by the Council, the PIC or the FPC in the performance of their functions.

The FPC will in every case determine whether an inquiry into the fitness to practise of a registered person should be conducted in public or in private and when reaching this decision, it will have regard to the facts of each individual complaint.

Following the inquiry, the FPC will submit a report of its findings to the Council and shall specify in the report the following:

the nature of the application
the evidence laid before it
any other matter in relation to the registered person to whom the Inquiry relates as it considers appropriate
its opinion as to whether one or more of the grounds specified in the Act were found to be proven.

Council’s decision as to sanction.

On receipt of a report by the Council where one or more of the grounds specified in the Act have been found proven, the Council may do the following:

remove the registered person’s name from the appropriate register,
suspend registration for a specified period, or
attach conditions to the retention of the registered person’s name on the register in question, examples of which include:
that the person obtain medical treatment,
that there are limits placed on the type of veterinary medicine the person may practise,
that there are geographical limits placed on the type of veterinary medicine practised.
advise, warn or censure

In circumstances where one or more of the grounds specified in the Act have not been found proven, the Council may nevertheless advise, warn or censure the person to whom the report relates.

Where the Council has decided to impose a sanction the registered person has 21 days from the date of notification of the decision to appeal that decision to the High Court. In the event that the registered person fails to appeal, the Council itself must seek the approval of the High Court in respect of the removal, suspension or attachment of conditions to the person’s registration. On appeal or on application by the Council, the High Court may affirm or set aside the decision of the Council, remit the decision to the Council for a new decision or make any other order it considers appropriate. The decision of the High Court is final and may only be appealed to the Supreme Court on a point of law.

The applicant has no right of appeal to the High Court against any decision of the Council in relation to sanction.

The Council may also direct the registered person to either:

pay a sum determined by the Council (which shall not exceed €5000), to the applicant in respect of costs and expenses incurred by the applicant and/or,
not charge fees (not exceeding €5000) to the applicant in respect of veterinary services provided and/or,
pay costs (not exceeding €5000) to either the PIC and the FPC or to both, in respect of costs incurred in consequence of refusal, neglect or failure to co-operate with either of the committees.

The registered person may appeal such a decision to the District Court within 21 days of notification of the decision. The District Court may affirm or set aside the Council sanction. The District Court can also remit the decision back to the Council, with or without directions, for reconsideration by the Council and a new decision. The District Court can also make any other order that it considers appropriate in respect of the monetary sanction.

The decision of the District Court is final save where it may be appealed to the High Court on a point of law.

5.Restoration to Register/ Removal of conditions

There is provision in the Veterinary Practice Act 2005 under section 83 for the restoration of a person’s name to the register or for removal of conditions attaching to a registered person’s name remaining on the register. An application must be made to the Council in writing by the person concerned. The Council may direct:

restoration of the name subject to conditions,
removal of a suspension before the end of a specified period where a person has been suspended from the register for a specified period,
removal in whole or in part of conditions attaching to the retention of a person’s name on the register.

Where the Council makes such a direction the person concerned must be notified of the decision, the reasons for it and the date on which it was made.

On receipt of such a notification, the person has 21 days to appeal to the High Court against the decision. On hearing the appeal, the High Court may affirm, set aside or remit the decision to the Council with or without directions for reconsideration. The High Court can make any other order it deems appropriate.

Where there is no appeal within 21 days, the Council will apply to the High Court by summary application to confirm its decision. The decision of the High Court is final save where there is an appeal to the Supreme Court on a point of law.

FTPCMemo-RP1VCI2012 Rev(3) 08/12